Natioanl ParksCentral
Section 35 of The Wild Life (Protection) Act, 1972
- (1)Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park. 1[Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.]
- (2)The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park.
- (3)Where any area is intended to be declared as a National Park, the provisions of sections 2[19 to 26A (both inclusive except cause (c) of sub-section (2) of section 24)] shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary. 3[(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4). (3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.]
- (4)When the following events have occurred, namely,--
- (a)the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and
- (b)all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification. 4[(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board.
- (6)No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.]
- (7)No grazing of any 5[live-stock] shall be permitted in a National Park and no 5[live-stock] shall be allowed to enter therein except where such 5[live-stock] is used as a vehicle by a person authorised to enter such National Park.
- (8)The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of 6[section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary. 7[Explanation.--For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.] 8***
Summary
- The State Government can turn an area into a National Park if it has special biological or natural importance.
- Private land rights in a National Park are strictly removed or bought out, unlike in some sanctuaries where they might continue.
- Once a National Park is planned, the rules for protecting animals and vaccinating livestock apply immediately.
- It is illegal to graze any livestock inside a National Park, except for animals used as transport by authorized visitors.
- No one can remove plants, wood, or wildlife from the park unless it is for improving the habitat and they have a special permit.
- Park boundaries cannot be changed unless the National Board for Wild Life gives a recommendation to do so.
Practical examples
1The government wants to protect a unique mountain valley. They declare it a National Park and pay the local villagers to move their farms outside the boundary, because the law says no private land rights can remain inside the park.
2A shepherd tries to lead his flock into the grass at the edge of the National Park. A ranger stops him, explaining that while some sanctuaries allow limited grazing, National Parks have a total ban on farm animals eating the grass.
FAQ
1. Can I graze my cows in a National Park under Section 35 of the Wild Life Protection Act?
No, Section 35 of the Wild Life (Protection) Act, 1972, states that no grazing of any livestock shall be permitted in a National Park.
2. Who can authorize a change to a National Park's borders under Section 35?
Under Section 35 of the Wild Life (Protection) Act, 1972, the state cannot alter boundaries without a recommendation from the National Board.
3. How does the handling of private land rights differ in a National Park under Section 35?
Under Section 35 of the Wild Life (Protection) Act, 1972, all rights must be settled and the land must belong to the State, whereas in sanctuaries, some rights might be allowed to continue.
Test yourself
Q1.Under Section 35 of the Wild Life (Protection) Act, 1972, which of these is an exception to the ban on livestock in a National Park?
Q2.According to Section 35 of the Wild Life (Protection) Act, 1972, when do the sanctuary rules for fire and weapons come into effect for a proposed National Park?
Q3.Under Section 35 of the Wild Life (Protection) Act, 1972, what is required before the state can authorize the removal of forest produce from a National Park?
Q4.Which of these sanctuary rules is strictly excluded from applying to National Parks under Section 35 of the Wild Life (Protection) Act, 1972?